The new Danish investment screening rules have now entered into force

Legal News
The new Danish Act on the screening of certain foreign direct investments, etc. in Denmark applies to relevant investments and agreements completed as of 1 September 2021. A wide range of investments in, and agreements with, a Danish company or entity will now require prior approval. Failure to obtain such approval may result in the investment being unwound or the agreement declared void.

On 4 May 2021, the Danish Parliament adopted the first Danish Act on the screening of foreign direct investments, etc. in Denmark.

The Act provides that, from 1 September 2021, a wide range of investments in, and agreements with, Danish companies and other entities made by "foreign investors" - including foreign undertakings and nationals, as well as Danish companies and entities under foreign control or influence - will require prior approval from the Danish Business Authority ("DBA") or the Minister for Industry, Business and Financial Affairs.

The Act further provides that other investments in, and agreements with, Danish companies may be voluntarily notified to the DBA. Investments and agreements which are not notified may be subject to review by the DBA or the Minister for Industry, Business and Financial Affairs for up to five years following completion, and may, in certain cases, be required to be unwound.

Plesner has previously described the Act here and the related executive orders here.

Further information on the rules and the notification forms to be used when applying for approval or notifying investments and agreements, as well as requests for "pre-screening" of proposed investments and agreements, is available on the Danish Business Authority's website